During jury selection, a potential juror inquires if there is available insurance. The juror wanted to know that if they find the doctor guilty of causing harm to the plaintiff, the compensation money would come out of the insurance company rather than the pocket of the doctor. What should the plaintiff’s lawyer answer to this type of question?
During jury selection, a potential juror inquires if there is available insurance. The juror wanted to know that if they find the doctor guilty of causing harm to the plaintiff, the compensation money would come out of the insurance company rather than the pocket of the doctor. What should the plaintiff’s lawyer answer to this type of question?
Lawyers are not Permitted to Reveal any Information about Insurance
During the time of jury selection, the lawyers are not permitted to let the jury know if there is insurance available or not. There is reasoning behind this rule. The jury is supposed to evaluate who is right and who is wrong. The jurors are supposed to determine, who is more likely right than wrong in the claims or defenses the two parties are bringing. The jury is no supposed to consider whether there is any available insurance.
Why Insurance Information should not be Revealed
When a potential juror asks about the doctor having insurance, the defense will also be concerned about this issue. If the jury recognizes that there is available insurance on behalf of the doctor, they are much more likely to give compensation to the injured plaintiff. On the other hand, they are far less likely to give a guilty verdict if they learn that the doctor does not have any insurance, and the compensation will be coming out of his pocket.
The lawyers in the beginning might even tell the jury that they are not supposed to consider whether the doctor has insurance or not. In fact, according to the law, lawyers are prohibited from disclosing this information about insurance to the jurors. On the other hand, the jurors are not supposed to consider the issue of insurance when they are determining a verdict.
Instead, the jurors are only supposed to consider which side is more likely right than wrong, and whether that wrongdoing caused injury to the victim. If the jury concludes that there was wrongdoing and that has caused the injuries, then they have to determine an amount for compensating the victim, for all the harms and losses he has suffered due to his injuries. This is what the jurors have to do, and the lawyers cannot reveal any information about insurance during jury selection.
Information not supposed to be Revealed
Many people and potential jurors recognize that doctors and hospitals carry medical malpractice insurance. However, during jury selection the potential jurors and the lawyers are not permitted to discuss whether the doctor or hospital indeed carries insurance for covering any verdict in regards to the case. It is immaterial what the potential jurors know, but they cannot inquire about the doctor having insurance, and the lawyers also cannot reveal this information to them.
Most people think that the insurance company can definitely afford paying damages, which might cloud their judgment and create a bias. If the jurors come to know that the doctor or hospital is not carrying insurance, then they might not be so keen in passing a verdict in the favor of the plaintiff. Therefore, it is essential not to discuss anything regarding insurance during jury selection.
